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CHAPTER 23
LAND USE ZONE DISTRICT ORDINANCE
ARTICLE I. TITLE AND PURPOSE
Sec. 23.1. Title. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2301
Sec. 23-2. Short Title. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2301
Sec. 23-3. Declaration of Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2301
ARTICLE II. DEFINITIONS AND RULES OF CONSTRUCTION
Sec. 23-4. Rules of Construction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2302
Sec. 23-5. Definition of Terms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2302
ARTICLE III. DISTRICT REGULATIONS
DIVISION 1. CLASSIFICATION AND INTERPRETATION
Sec. 23-6. District Classifications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2308
Sec. 23-7. Interpretation of Zoning Map. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2309
DIVISION 2. DISTRICTS
Sec. 23-8. Public Use Zone - P. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2309
Sec. 23-9. Single Family Residential - R. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2309
Sec. 23-10. Single Family Residential - Ra. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2310
Sec. 23-11. Single Family Residential - Rb. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2311
Sec. 23-12. Single Family Residential - Rc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2312
Sec. 23-13. Multi-Family Housing - M-1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2313
Sec. 23-14. Multi-Family Housing - M-2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2314
Sec. 23-15. Multi-Family Housing - M-3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2315
Sec. 23-16. Commercial District - C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2316
Sec. 23-17. Commercial Combining District - CB. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2317
Sec. 23-18. Commercial Neighborhood District - CN. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2318
Sec. 23-19. Commercial Highway District - CH. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2319
Sec. 23-20. Agricultural Combining District - A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2320
Sec. 23-21. Agricultural Holding District - A-1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2321
Sec. 23-22. Light Industrial - I-1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2322
Sec. 23-23. Heavy Industrial - I-2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2323
ARTICLE IV. GENERAL REQUIREMENTS
Sec. 23-24. Applicability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2324
Sec. 23-25. Placement of Accessory Uses and Structures. . . . . . . . . . . . . . . . . . . . . . . . . . . .2325
Sec. 23-26. Height Restrictions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2325
Sec. 23-27. Yard and Fence Restrictions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2326
Sec. 23-28. Through Lot Restrictions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2327
Sec. 23-29. Corner Clearance Restrictions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2327
Sec. 23-30. Livestock Prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2327
Sec. 23-31. Garages, Filling Stations and Car Washing Facilities. . . . . . . . . . . . . . . . . . . . . 2327
Sec. 23-32. Private Swimming Pool/Hot Tub/Spa/Decorative Pool. . . . . . . . . . . . . . . . . . . .2328
Sec. 23-33. Off-Street Parking Requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2329
Sec. 23-34. Required Off-Street Truck Loading Spaces. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2332
Sec. 23-35. Access Driveways. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2332
Sec. 23-36. Signs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2332
Sec. 23-37. Supplemental Sign Regulations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2333
Sec. 23-38. Site Plan Approval as Required for Permitted Uses. . . . . . . . . . . . . . . . . . . . . . .2335
Sec. 23-39. Drainage Requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2335
Sec. 23-40. Sewage Systems Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2336
Sec. 23-41. Water Supply Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2336
Sec. 23-42. Junk Cars, Trucks and Trailers Prohibited. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2336
Sec. 23-43. Repealed
ARTICLE V. NON-CONFORMING USES
Sec. 23-44. Unlawful Conforming and Nonconforming Uses and Structures. . . . . . . . . . . . 2336
Sec. 23-45. Restoration and Alteration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2336
Sec. 23-46. Extension. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2337
Sec. 23-47. Change of Use. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2337
Sec. 23-48. Termination. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2337
Sec. 23-49. Repairs and Maintenance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2338
ARTICLE VI. SPECIAL USE PERMITS
Sec. 23-50. Use and Special Use Permit Requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2338
Sec. 23-51. Procedure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2338
ARTICLE VII. PLANNED UNIT DEVELOPMENT
Sec. 23-52. Planned Unit Development Allowed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2339
Sec. 23-53. Requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2339
ARTICLE VIII. ADMINISTRATION
DIVISION 1. ZONING BOARD
Sec. 23-54. Zoning Board Established. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2340
Sec. 23-55. Powers and Duties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2340
Sec. 23-56. Liability for Damages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2344
ARTICLE IX. MISCELLANEOUS
Sec. 23-57. Relation to Other Ordinances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2344
Sec. 23-58. Severability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2344
Sec. 23-59. Repeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2344
Sec. 23-60. Permit Procedure for Groundwater Wells. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2345
ARTICLE X. FLOOD DAMAGE PREVENTION
Sec. 23-61. Statutory Authorization. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2346
Sec. 23-62. Finding of Fact. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2346
Sec. 23-63. State of Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2346
Sec. 23-64. Methods of Reducing Flood Losses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2347
Sec. 23-65. Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2347
Sec. 23-66. Lands to Which This Ordinance Applies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2349
Sec. 23-67. Basis For Establishing the Areas of Special Flood Hazard. . . . . . . . . . . . . . . . . 2349
Sec. 23-68. Compliance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2349
Sec. 23-69. Interpretation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2350
Sec. 23-70. Warning and Disclaimer of Liability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2350
Sec. 23-71. Establishment of Development Permit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2350
Sec. 23-72. Designation of the Building Inspector. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2351
Sec. 23-73. Duties and Responsibilities of the Building Inspector. . . . . . . . . . . . . . . . . . . . .2351
Sec. 23-74. Provisions for Flood Hazard Reduction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2354
CHAPTER 23
LAND USE ZONE DISTRICT ORDINANCE
ARTICLE I. TITLE AND PURPOSE
SECTION 23.1. TITLE.
An ordinance establishing specified land use districts or zones, and to regulate therein, buildings and structures according to their construction and the nature of the extent of their use, and the nature and extent of the uses of land, in the incorporated area of the City of Kemmerer, Wyoming, hereinafter referred to as the city, and providing for the administration and enforcement of the provisions therein contained, including the establishment of The Kemmerer Zoning Board and fixing penalties for the violations thereof and repealing any ordinance or parts of ordinances in conflict with the provisions provided herein.
SECTION 23-2. SHORT TITLE.
This ordinance shall be known and may be cited as "The Kemmerer Zoning Ordinance of 1997".
SECTION 23-3. DECLARATION OF PURPOSE.
This zoning ordinance is adopted for the purpose of promoting the public health, safety, morals, and the general welfare of the community, and to further the following related and more specific objectives:
(a) The guide and regulate the orderly growth, development, and redevelopment of the city in accordance with a comprehensive plan of long-term objectives, principles, and standards deemed beneficial to the interest and welfare of the people.
(b) To protect the established character and the social and economic well-being of both private and public property.
(c) To promote, in the public interest, the utilization of land for the purposes of which it is most appropriate.
(d) To secure safety from fire, panic, and other dangers, and to provide adequate light, air and convenience of access.
(e) To prevent overcrowding of land or buildings, and to avoid undue concentration of population.
(f) To lessen and, where possible, to prevent traffic congestion on public streets and highways.
(g) To conserve the value of buildings and to enhance the value of land throughout the city.
(h) In applying and interpreting the provisions of this ordinance, they shall be held to be minimum requirements.
ARTICLE II. DEFINITIONS AND RULES OF CONSTRUCTION
SECTION 23-4. RULES OF CONSTRUCTION.
In the interpretation of this ordinance, the following rules of construction shall be observed, unless the context clearly requires otherwise:
Words used in the present tense include the future; the singular numbers include the plural, and the plural the singular.
The word "person" includes a profit or non-profit corporation, company, partnership or individual.
The word "shall" is mandatory, and not directory; and the word "may" is permissive.
The word "lot" includes the word "plot".
The word "use" and the word "used" refer to any purpose for which a lot of land or part thereof is arranged, intended, or designed to be used, occupied, made available or offered for use; and to any purpose for which a building or structure or part thereof is arranged, intended or designed to be used, occupied, maintained, made available or offered for use, or erected, reconstructed, altered, enlarged, moved or rebuilt with the intention or design of using the same.
SECTION 23-5. DEFINITION OF TERMS.
Abandoned: Any use or structure which is not actively pursued, or utilized for its intended purpose during the preceding 180 days. at least 60 days. Failure to open for business or absence of active utility accounts or absence of active efforts to sell the property during the above stated period shall create the presumption of abandonment. Active efforts to sell the property will mean maintaining an active listing with a real estate agency with appropriate signage or, if for sale by owner, signage indicating the availability of the property for sale with a contact telephone number.
Accessory Building: A subordinate use or building customarily incidental to and located on the same lot occupied by the main use or building within the zoning district.
Allowed use: A use which requires no review by the Zoning Board.
Apartment; Two or more independent living units under a single title, to be occupied by individuals or groups of individuals for more than 30 days.
Basement: A floor level which is 4 feet or more below ground level for more than 50% of the perimeter.
Bed and Breakfast: A private home which is used to provide temporary, less than 30 days, accommodations for a charge to the public with not more than 4 lodging units or not more than a daily average of 8 persons per night and which no more than 2 family style meals are served per 24 hour period.
Billboard: Any off premises sign, or any on premises sign which is not used to advertise or identify the business at which the sign is located.
Block: A tract of land or a lot or group of lots, bounded by streets, public parks, parkways, railroad rights-of-way, water course, body of water, not subdivided land, or a boundary line or lines of the county or any combination thereof.
Building: A structure designed, built or occupied as a shelter or roofed enclosure for persons, animals, or property, including tents, lunch wagons, dining cars, cap cars, trailers and other roofed structure on wheels or other supports used for residential, business, mercantile, storage, commercial, industrial, institutional, assembly, educational or recreational purposes. For the proposed of this definition "roof" shall include an awning or other similar covering, whether or not permanent in nature.
Building, Area of: The horizontal area measured around the outside of the foundation walls and of the floors or roofed porches and roofed terraces inclusive, and including the area of accessory buildings, if any. In the case of split-level dwellings, the "first floor area" shall be deemed to include floor areas on two (2) non-overlapping levels, separated by a half-story, or less, of height.
Communications Antenna: Consistent with federal or state law, any antenna structure which transmits signals, meeting FCC requirements, and which is in excess of 15 feet in height. Government agencies and political subdivisions are exempt from this definition.
Dependent Travel Unit: Means any conveyance designed to be used a temporary or seasonal dwelling which does not have a flush toilet or shower. The unit does contain a water tank. The unit's liquid wastes consist only of "gray water".
Dump: A lot or land or part thereof used primarily for disposal by abandonment, dumping, burial, incineration, or any other means for whatever purpose, of garbage, offal, sewage, trash, refuse, junk, discarded machinery, vehicles or part thereof, or waste material of any kind.
Dwelling Unit: A building arranged, intended or designed to be occupied for residential purposes, which is functionally independent of other units.
Filling Station: A building or lot or part thereof supplying and selling gasoline or other equivalent fuel for motor vehicles at retail direct from pumps and storage tanks. A filling station may include accessory facilities for rendering service such as lubrication, washing and repairs.
Flood Plain: The relatively flat area of low land area that is likely to be inundated by the one hundred (100) year recurrence interval flood, and where such data is not available, the maximum flood on record and shown on the National Flood Insurance Map.
Floor Area: The total horizontal area of a building measured on the outside walls of each story excluding garages, unfinished basements, porches, or cellars.
Garage (Residential Use): A building or part thereof for the storage or parking of one (1) to four (4) vehicles.
Garage, Parking: A garage for the convenience of the general public in which no servicing, repairs, washing or reconditioning of motor vehicles is carried on.
Garage, Repair: Any garage other than a private garage or parking garage. A repair garage may include servicing, repairs, washing or reconditioning of motor vehicles and filling station facilities.
Gray Water: Means the liquid waste not containing fecal or other body wastes.
Height of a Structure: The vertical distance derived from the average finished grade at the foundation corners of the building or structure, to the highest point of the building or structure excluding a chimney or other similar structure.
Home Occupations: Any use customarily conducted within the dwelling or the premises and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the dwelling for dwelling purposes and does not change the character thereof.
Hotel/Motel: A building(s) which contains sleeping rooms designed to be temporarily occupied by individuals or groups of individuals for less than 30 days for compensation.
Independent Travel Unit: Means any conveyance designed to be used as a temporary or seasonal dwelling which has a flush toilet or shower. The unit has a sewage storage tank.
Industry, Non-Nuisance: Any industry which is not detrimental to the environment in which it is located by reason of the emission of smoke, noise, odor, dust, vibration or
excessive light, beyond the limits of its lot, or by reason of generating excessive traffic with attendant hazards.
Industrial Park: A ground of non-nuisance industrial plants on a single parcel of land, or on separate parcels continuously arranged, s as to form a planned development of industrial sites, building or buildings.
Junk Yard: A lot, land or structure or part thereof, used primarily for collecting, storage and sale of waste paper, rags, scrap metal or other discarded material; or for the collection, dismantling, storage or salvaging of machinery or vehicles not in running condition, and for the sale of parts thereof.
Kennel, Commercial: Means any premise in which a person engages in the business, work or hobby of boarding, breeding, buying, letting for hire, training for fee, offering for adoption or selling dogs or cats, including any dwelling or other property maintaining more than four (4) dogs or cats.
Livestock Storage: Means a structure for feeding and/or sheltering of animals.
Lot: A lot parcel of land used or designed to be used by one (1) use or structure, or by a related group of uses or structures, and the accessory uses or structures customarily incident thereto, including such open spaces as are arranged or designed and required in connection with such structure or group of structures. A lot may be or may not be the land shown as a single lot on a duly recorded plat or other official record.
Lot Area: The total square foot area included within lot lines.
Lot corner: A lot at the junction of and fronting on two (2) or more intersecting streets, the angle of intersection being not more than one hundred thirty-five (135) degrees.
Lot, Depth of: The mean distance between the front lot line and the rear lot line.
Lot Line: Any boundary of a lot. Any lot line not a rear lot line nor a front line shall be deemed a side lot line.
Lot Line, Front: The street line at the front of a lot. On a corner lot, the owner may specify the front lot line on the plot plan.
Lot Line, Rear: The lot line opposite to the front lot line.
Lot, Through: A lot extending from one (1) street to another.
Lot, Width of: The mean dimension measured at substantially right angles to the depth of the lot.
Manufactured Home: A manufactured mobile home is a factory-assembled structure or structures equipped with the necessary service connections and made so as to be readily movable as a unit on its (their) own running gear and designed to be used as a dwelling unit(s) with or without a permanent foundation. (Note: A modular or prefabricated home meeting UBC Code transported on temporary wheels is not a manufactured home.)*
Manufactured Home Park: An area occupied on a rental or lease basis by two or more manufactured home units, which are being utilized for dwelling or sleeping purposes.
Medical Office Building: A building used exclusively by physicians and dentists for treatment and examination of patients, provided that no overnight patients shall be kept on the premises.
Medical Treatment Facility: A building used for the diagnosis, treatment or other care of human ailments, unless otherwise specified.
Mill: A reducing plant where ore is concentrated and/or metals recovered.
Milling: The grinding or crushing of mineral removed from the earth.
Mining: The process of obtaining mineral from the earth's crust, including both underground excavations and surface working.
Motel/Hotel: A building(s) which contains sleeping rooms designed to be temporarily occupied by individuals or groups of individuals for less than 30 days for compensation.
Multiple Dwelling: Two or more independent living units under a single title, to be occupied by individuals or groups of individuals for more than 30 days.
Net Residential Density: The ratio obtained by dividing the number of dwelling units on a lot by the area (excluding drives, streets and required open space) of the lot expressed in units per acre.
Nonconforming Structure: A structure lawfully existing at the effective date of this ordinance or any amendment thereto affecting such structure, which does not conform to the building regulations of this ordinance for the district in which it is situated, irrespective of use.
Nonconforming Use: Any use of a building, structure, lot or land, or part thereof, lawfully existing at the effective date of this ordinance or any amendment thereto affecting such use, which does not conform to the use regulation of this ordinance for the district in which it is situated.
Parking Area: A lot or part thereof used for the storage of parking of motor vehicles, with or without the payment of rent or charges in money or other consideration which has an all-weather surface.
Permitted Use: Requires review and approval of Zoning Board. Such permit is issued to applicant and does not become property right.
Recreational Vehicle Park: An area specifically designed for and occupied by two (2) or more dependent or independent travel units which are being utilized for temporary or seasonal dwelling units.
Sand and Gravel Pit: A lot or land, or part thereof, used for the purpose of extracting sand, gravel, soil for sale, as an industrial operation and exclusive of the process of legitimate excavation of a lot preparatory to the construction of a building.
Set back: The distance from the closest point of the structure to the lot line.
Single Family Detached Dwelling: A building, on a lot, designed and occupied exclusively as a resident for one (1) family, and which has not part of all in common with an adjacent building. For purposes of this ordinance, trailers, automobile trailers and mobile homes are not considered single family detached dwellings.
Special Permitted Use: Requires review and approval of Zoning Board after a public hearing. Such permit is issued to applicant and does not become property right.
Structure: The primary building on the lot.
Unfinished Basement: Any portion of the basement which does not meet the Uniform Building Code for the purposes of occupancy.
Use: The primary activity to be carried out on a particular parcel. For the purposes of determining what zone a particular use may be carried on the Zoning Board may determine that a use similar to an allowed or permitted or special permitted use is acceptable in a particular zone.
Variance: A modification of the regulations of this ordinance granted on grounds of practical difficulties or unnecessary hardship, not self-imposed, pursuant to the provisions of Section 23-61, and the laws of the State of Wyoming.
Yard, Front: An open unoccupied space on the same lot with a building situated between the nearest wall portion of the building and front lot line of the lot and extending from side lot line to side lot line.
Yard, Rear: A space on the same lot with a building situated between the nearest wall portion of the building and the rear lot line of the lot, and extending from side lot line to side lot line.
Yard, Side: An open unoccupied space on the same lot with a building situated between the nearest wall portion of the building or of any accessory building and the side lot line of the lot, and extending through from the front lot line where no front yard exists, to the rear yard, or the rear lot line where no rear yard exists.
Zoning Board: The Zoning Board of the City of Kemmerer.
Zoning Officer: The duly constituted city official designated to administer and enforce this zoning ordinance.
ARTICLE III. DISTRICT REGULATIONS
DIVISION 1. CLASSIFICATION AND INTERPRETATION
SECTION 23-6. DISTRICT CLASSIFICATIONS.
The following zoning classifications are intended to identify land uses which are considered compatible and thus allowed in each zone. The list of allowed uses is not intended to be all inclusive. Zoning recognizes that uses similar to an allowed use may also be appropriate for a particular zone. The Zoning Board may, but is not required to, authorize a use that is substantially similar to an allowed use. Permitted uses and special permitted uses are uses which may be allowed in a zone based on the characteristics of the specific project. The Zoning Board may, but is not required to, approve the uses and may have special requirements as a condition of any approval. Additionally the Zoning Board may associate the permitted or special permitted use with either a specific owner or with the continuation of the use by a new owner under the conditions which the use was originally approved. As a result a permitted or special permitted use is not a property right and does not necessarily run with the property. The Zoning Board is responsible for interpreting the Zoning Code. Any questions of formal interpretation of the Zoning Code should be directed to the Zoning Board.
For the purposes of this ordinance, the city is divided into certain districts as shown by the "Zoning Districts Map" of the City of Kemmerer, which said map, as revised from time to time to include amendments is hereby declared to be a part of this ordinance. A copy of such map is on file at the Office of the City Clerk and shall at all times be available for inspection by the public.
SECTION 23-7. INTERPRETATION OF ZONING MAP.
The district boundary lines are intended generally to follow the rear lot lines, or straight line projections of such lines, or city boundary lines, township or section lines all as shown on the zoning map; but where a district boundary line does not follow such a line, its position is shown on said zoning map by a specific line or another boundary line as indicated.
In case of uncertainty as to the true location of a district boundary line in a particular instance, the determination thereof shall be made by the City Zoning Board, subject to the right of appeal.
DIVISION 2. DISTRICTS
Section 23-8. Public Use Zone - P
Purpose:
To identify properties currently owned and used for a governmental purpose which are of such a nature that their conversion to a use, public or private, other than the existing use would require special consideration. Change from governmental ownership to private ownership will require a rezoning.
Allowed Uses:
Any governmental use in place at the adoption of this Code.
Permitted Use:
Any ancillary use to an allowed use.
Special Permitted Use:
Any change of use from an allowed use.
Lot and Yard Requirements: None.
Section 23-9. Single Family Residential - R
Purpose:
Single family residential to provide for limited equestrian and limited livestock on property from 1 to 5 acres in size without creating a nuisance to neighboring uses.
Allowed Uses:
Crop and garden uses - requires on site residential occupancy
One horse or donkey or mule or llama per each half acre with a maximum of four animals. Livestock shall be protected from weather and fenced. - Requires on site residential occupancy.
Accessory buildings - Buildings compatible with the zone.
Parks or playground
Permitted Uses:
Publicly owned and operated facilities
Home occupation
Day care center
Churches
Special Permitted Uses:
Recreational facilities
Bed and breakfast inn
Veterinary hospital - Requires on site residential occupancy.
Lot and Yard Requirements:
(a) Minimum Lot Area: Minimum size from 1 to 5 acres with minimum width 150 feet and 250 feet depth.
(b) Building Setback: From property lines
Front 25 feet
Side 25 feet
Rear 25 feet
Corner 25 feet
(c) Minimum Residences Floor Area: No single family residence building shall hereafter be erected unless conforming to the following requirement for total gross floor area (floor area DOES NOT include attached garages, porches, cellars, or unfinished basement.)
Single Story minimum 900 square feet.
Multi-story minimum on main floor 750 square feet with balance on other level(s).
Section 23-10. Single Family Residential - Ra
Purpose:
Single family residential on existing lots or new lots with minimum of 7,500 square feet.
Allowed Uses:
Crop and garden uses
Accessory buildings - Buildings normally associated with single family residential usage.
Parks or playground
Permitted Uses:
Day care center
Churches
Home occupation
Publicly owned and operated facilities
Special Permitted Uses:
Recreational facilities
Lot and Yard Requirements:
(a) Minimum Lot Area: New lots minimum size from 7,500 square feet minimum width 75 feet and 100 feet depth, while corner lot frontage both sides is 90 feet.
(b) Building Setback: Apply to lots over 7,500 square feet and newly create lots. Existing smaller lots where a majority of the homes are nonconforming with regards to setback requirements, any new construction, alteration, or enlargement can apply for a permit conforming to setback consistent with the greatest existing setback of immediately adjacent homes.
Front 25 feet
Side 5 feet
Rear 10 feet
Corner 15 feet
(c) Minimum Residences Floor Area: No single family residence building shall hereafter be erected unless conforming to the following requirement for total gross floor area (floor area DOES NOT include attached garages, porches, cellars, or unfinished basement.)
Single Story minimum 900 square feet.
Multi-story minimum on main floor 750 square feet with balance on other level(s).
Section 23-11. Single Family Residential - Rb
Purpose:
Single family attached residence with separate title to home and property for a single unit with minimum lots 3,500 square feet.
Allowed Uses:
Crop and garden uses
Accessory buildings - Buildings normally associated with single family residential usage.
Parks or playground
Permitted Uses:
Day care center
Churches
Home occupation
Publicly owned and operated facilities
Special Permitted Uses:
Recreational facilities
Lot and Yard Requirements:
(a) Minimum Lot Area: New lots minimum size from 3,500 square feet.
(b) Building Setback:
Front 15 feet
Side 5 feet
Rear 5 feet
Corner 15 feet
( c) Minimum Residences Floor Area: No single family residence building shall hereafter be erected unless conforming to the following requirement for total gross floor area of 500 square feet ( floor area DOES NOT include attached garages, porches, cellars, or unfinished basement.)
* Single Story minimum none
* Multi-story minimum on main floor none
Section 23-12. Single Family Residential - Rc
Purpose:
Single family residence for manufactured (mobile) homes on lots of 5,000 square feet with separate title on properties. (Note: Privately owned lots for a manufactured home outside of manufactured home park.)
Allowed Uses:
Crop and garden uses
Accessory buildings - Buildings normally associated with single family residential usage.
Parks or playground
Permitted Uses:
Day care center
Churches
Home occupation
Publicly owned and operated facilities
Special Permitted Uses:
Recreational facilities
Lot and Yard Requirements:
(a) Minimum Lot Area and Floor Area:
* New lots minimum size from 5,000 square feet minimum width 75 feet and 70 feet depth, while corner lot frontage both sides is 50 feet.
* Minimum 900 square feet of floor area. The requirement for total gross floor area DOES NOT include attached garages, porches, or cellars.
(b) Building Setback: from property lines
Front 15 feet
Side 10 feet
Rear 10 feet
Corner 15 feet
Section 23-13. Multi-Family Housing - M-1
Purpose:
To provide for the high density residential housing in appropriate locations, with a level of standards conducive to establishment of a suitable living environment to those living in multiple family residences. The M-1 District is design for two to twelve units per acre with a single title for all units.
Allowed Uses:
Crop and garden uses
Accessory buildings - Buildings normally associated with Multi-family housing usage.
Parks or playground
Permitted Uses:
Senior congregate care facility
Service and social club
Day care center
Churches
Private Schools
Signs, pursuant to regulations
Home occupation
Publicly owned and operated facilities
Special Permitted Uses:
Recreational facilities
Studio for music, dancing or art lessons
Nursing, rest homes and convalescent homes
Emergency Shelters
Transitional housing
Lot and Yard Requirements:
(a) Minimum Lot Area Density and Building Height:
1. Maximum 12 dwelling units per acre
2. Maximum two stories high
3. Minimum 25 square feet of snow storage per unit, can not block emergency access or parking areas
(b) Minimum Setback: Setback from property line ad between buildings.
Main Residence : Front 25 feet Accessory Building: Front 50 feet
Side 15 feet Side 15 feet
Rear 15 feet Rear 15 feet
Corner 25 feet Corner 25 feet
Additional residence buildings must have minimum of 15 feet of emergency access between structures.
Section 23-14. Multi-Family Housing - M-2
Purpose:
To provide for the highest density residential housing in appropriate locations, with a level of standards conducive to establishment of a suitable living environment to those living in multiple family residences. The M-2 District is design for maximum twenty units per acre with a single title for all units.
Allowed Uses:
Crop and garden uses
Accessory buildings - Buildings normally associated with Multi- family housing usage.
Parks or playground
Permitted Uses:
Senior congregate care facility
Service and social club
Day care center
Churches
Private Schools
Signs, pursuant to regulations
Home occupation
Publicly owned and operated facilities
Special Permitted Uses:
Recreational facilities
Studio for music, dancing or art lessons
Boarding house
Nursing, rest homes and convalescent homes
Emergency Shelters
Transitional housing
Lot and Yard Requirements:
(a) Minimum Lot Area Density and Building Height: Minimum lot area and width shall be sufficient to meet following criteria:
1. Maximum 20 dwelling units per acre
2. No maximum stories
3. Minimum 25 square feet of snow storage per unit, can not block emergency access or parking areas
(b) Minimum Setback: Setback from property line and between buildings.
Main Residence : Front 25 feet Accessory Building: Front 50 feet
Side 15 feet Side 15 feet
Rear 15 feet Rear 15 feet
Corner 25 feet* Corner 25 feet
Additional residence buildings must have minimum of 15 feet of emergency access between structures.
*Setback from property shall be a minimum of 25 ft. (25') for each story over three (3), an additional 10 ft. (10') shall be required to all setbacks.
Section 23-15. Multi-Family Housing - M-3
Purpose:
To provide for the high density residential housing in Manufactured home park in a appropriate locations, with a level of standards conducive to establishment of a suitable living environment to those living in multiple family residences zone. The M-3 District is design for maximum of 8 manufactured homes per acre with a single title for the property. .
Allowed Uses:
Crop and garden uses
Accessory buildings - Buildings normally associated with Multi- family housing in a manufactured home park.
Parks or playground
Permitted Uses:
Service and social club
Day care center
Churches
Private Schools
Signs, pursuant to regulations
Home occupation
Publicly owned and operated facilities
Special Permitted Uses:
Recreational facilities
Lot and Yard Requirements:
(a) Minimum Rental Lot Area and Floor Area: Minimum lot area and width shall be sufficient to meet following criteria:
1. Maximum 8 dwelling units per acre. The rental lots minimum width 75 feet and 70 feet depth, while corner lot frontage both sides is 50 feet.
2. Minimum 500 square feet of floor area. The requirement for total gross floor area DOES NOT include attached garages, porches, or cellars.
(b) Minimum Setback: Setbacks are from property lines. All site requirement such as parking, driveway, and walkways must be included in the Manufactured home park design, amendments, or redesign.
Main Residence : Front 15 feet Accessory Building: Front 50 feet
Side 25 feet Side 25 feet
Rear 10 feet Rear 5 feet
Corner 15 feet Corner 15 feet
Main residence 15 feet
Section 23-16. Commercial District - C
Purpose:
Intended to cluster commercial in currently established downtown area to minimize commercial traffic interference with residential areas and give shopping areas the necessary high visibility identification.
Allowed Uses:
Single family residences on the second floor of commercial buildings
Residence which existed at the time of rezoning which have not been abandoned for more than 6 month
Retail store and repair shop
Office building - service
Service business - such as beauty shop, barber shop tailor, or other personal service shop
Restaurant, other places servicing food or beverage
Social club, theater, churches
Day care centers, nursing, rest and convalescent home
Funeral parlor
Customary accessory uses and structures
Accessory off-street parking and loading pursuant to Parking regulations
Signs pursuant to regulations
Private School
Museums
Hotel / Bed and breakfast
Theaters
Studios
Permitted Uses:
Outdoor sales
Outdoor storage
Veterinary hospital
Publicly owned and operated facilities
Communication Antenna
Medical Treatment Facility
Campgrounds/RV Parks
Laundromats
Dry cleaning business
Special Permitted Uses:
Kennels
Major auto or truck repair facilities
Lot and Yard Requirements:
(a) Minimum Lot Area Density: Minimum lot 3 times the total building floor space to provide for parking, loading, circulation, and pedestrian walks.
(b) Minimum Setback:
Front and corner - pursuant to Section 23-29
Rear and Side When adjacent to Residential District a minimum setback equal to 2 times the height of the proposed building is required. In addition, a solid fence or wall not less than six feet in height is required on the boundary line.
Section 23-17. Commercial Combining District - CB
Purpose:
Intended to cluster commercial in currently established downtown which includes a large number of residential units. The area is designed to minimize commercial traffic interference with residential areas and give shopping areas the necessary high visibility identification.
Allowed Uses:
Single family residences will follow the regulations contained within the Ra Residential zoning district
Residence which existed at the time of rezoning which have not been abandoned for more than 6 month and which do not meet the Ra district regulation are not affected unless the use is abandoned.
Retail store and repair shop
Office building - service
Service business - such as beauty shop, barber shop tailor, or other personal service shop
Restaurant, other places servicing food or beverage
Social club, theater, churches
Day care centers, nursing, rest and convalescent home
Funeral parlor
Customary accessory uses and structures
Accessory off-street parking and loading pursuant to Parking regulations
Signs pursuant to regulations
Private School
Museums
Hotels / Motels/ Bed and breakfasts
Theaters
Studios
Permitted Uses:
Outdoor sales
Outdoor storage
Veterinary hospital
Publicly owned and operated facilities
Medical treatment facility
Special Permitted Uses:
Kennels
Major auto or truck repair facilities
Lot and Yard Requirements:
(a) Minimum Lot Area Density:
(a) Commercial - Minimum lot 3 times the total building floor space to provide for parking, loading, circulation, and pedestrian walks.
(b) Residential- See minimum lot size for the Residential District "Ra" for single family home
(b) Minimum Setback:
(1) Commercial -
Front and corner - pursuant to Section 23-29
Rear and Side When adjacent to Residential District a minimum setback equal to 2 times the height of the proposed building is required. In addition, a solid fence or wall not less than six feet in height is required on the boundary line.
(2) Residential - See setback for the Residential District "Ra" for single family home
Section 23-18. Commercial Neighborhood District - CN
Purpose:
Intended to provide small commercial area that cater to the daily convenience shopping and service needs of the surrounding residential neighborhood. The scale and design of buildings within this district must be compatible with the neighboring residential uses.
Allowed Uses:
Residence which existed at the time of rezoning which have not been abandoned for more than 6 month
Office building - service
Service business - such as beauty shop, barber shop tailor, or other personal service shop
Restaurant or café with less than 3,000 square feet (excluding drive-thru restaurants)
Churches
Day care centers
Customary accessory uses and structures
Accessory off-street parking and loading pursuant to Parking regulations
Private School
Permitted Uses:
Veterinary hospital
Filling stations
Restaurant over 3,000 square feet or drive-thru
Studios for music, dancing ,and art lessons
Publicly owned and operated facilities
Medical treatment facility
Special Permitted Uses:
Kennels
Uses that exceed 10,000 square feet of floor area
Lot and Yard Requirements:
(a) Minimum Lot Area Density: Minimum lot 3 times the total building floor space to provide for parking, loading, circulation, and pedestrian walks.
(b) Minimum Setback:
Front and corner - pursuant to Section 23-29
Rear and Side When adjacent to Residential District a minimum setback equal to 2 times the height of the proposed building is required. In addition, a solid fence or wall not less than six feet in height is required on the boundary line.
Section 23-19. Commercial Highway District - C-H
Purpose:
Intended to provide service to vehicle oriented consumers or large sale area which are not suitable in the commercial downtown district.
Allowed Uses:
Residence which existed at the time of rezoning which have not been abandoned for more than 6 month
Retail store requiring large area or outside display area
Sales and rental of new and used autos, boats, agricultural equipment or similar items
Auto service station
Repair shop related to highway traffic
Drive-thru facilities
Restaurant, other places servicing food or beverage
Customary accessory uses and structures
Accessory off-street parking and loading pursuant to Parking regulations
Signs pursuant to regulations
Hotel / Motels
Major auto or truck repair facilities
Theaters
Studios
Permitted Uses:
Recreation facilities
Publicly owned and operated facilities
Medical treatment facility
Communication antenna
Campground/RV Park
Special Permitted Uses:
Kennels
Lot and Yard Requirements:
(a) Minimum Lot Area Density: Minimum lot 3 times the total building floor space to provide for parking, loading, circulation, and pedestrian walks.
(b) Minimum Setback:
Front and corner - pursuant to Section 23-29
Rear and Side When adjacent to Residential District a minimum setback equal to 2 times the height of the proposed building is required. In addition, a solid fence or wall not less than six feet in height is required on the boundary line.
Section 23-20. Agricultural Combining District - A
Purpose:
To provide agriculture district which provides a reasonable usage for large undeveloped areas surrounding the developed areas within the city with or without a single family detached housing. The A District is for agriculture use with limitation on poultry, dairy, and raising pigs.
Allowed Uses:
Single family residences
Crop and garden uses
Accessory buildings - Buildings normal associated with limited agricultural usage.
Livestock farming - provided not more than one horse, or one mule, or one cow, or one steer, or 2 sheep, or 1 llama, or 2 goats, or similar sized farm animals shall be kept for each 1 acre of lot area.
Poultry, rabbit or similar sized farm animal - limited to five per acre.
Sale of agricultural products produced on-site - however no commercial structure shall be built
Permitted Uses:
Service and social club
Day care center
Churches
Signs, pursuant to regulations
Kennel/stables
Veterinary hospital
Home occupation
Publicly owned and operated facilities
Communication antenna
Special Permitted Uses:
Recreational facilities
Bed and breakfast inn*
Lot and Yard Requirements:
(a) Minimum Lot Area Density: Minimum lot area is five acres.
(b) Minimum Setback: from property line
Main Residence : Front 25 feet Accessory Building: Front 90 feet
Side 25 feet Side 25 feet
Rear 50 feet Rear 25 feet
Corner 25 feet
Livestock storage: Front 100 feet
Side 100 feet
Rear 100 feet
Section 23-21. Agricultural Holding District - A-1
Purpose:
To provide agriculture district which provides a reasonable usage for large undeveloped areas surrounding the developed areas within the city with or without a single family detached housing. The A-1 District is for agriculture use with use permits required for poultry, dairy, and raising pigs.
Allowed Uses:
Single family residences
Crop and garden uses
Livestock farming - provided not more than one horse, or one mule, or one cow, or one steer, or 2 sheep, or 1 llama, or 2 goats, or similar sized farm animals shall be kept for each 1 acre of lot area.
Accessory buildings - Buildings normal associated with limited agricultural usage.
Sale of agricultural products produced on-site - however no commercial structure shall be built
Permitted Uses:
Agricultural processing
Service and social club
Day care center
Churches
Signs, pursuant to regulations
Kennel
Veterinary hospital
Home occupation
Publicly owned and operated facilities
Communication antenna
Campground/RV Park
Special Permitted Uses:
Dairy, pig, poultry operations and livestock yards, i.e. more intense than livestock farming
Bed and breakfast inn
Lot and Yard Requirements:
(a) Minimum Lot Area Density: Minimum lot area is forty acres.
(b) Minimum Setback:
Main Residence : Front 25 feet Accessory Building: Front 90 feet
Side 25 feet Side 25 feet
Rear 50 feet Rear 25 feet
Corner 25 feet
Livestock storage: Front 100 feet
Side 100 feet
Rear 100 feet
Section 23-22. Light Industrial - I-1
Purpose:
To provide suitable areas for low intensity assembly, processing, manufacturing activities, product distribution , and related activities, all of which do not create a nuisance.
Allowed Uses:
Residence which existed at the time of rezoning which have not been abandoned for more than 6 month
Warehouses
Light Manufacturing
Distributorships
Truck terminals
Maintenance service garages
Service yards
Repair shop related to highway traffic
Accessory off-street parking and loading pursuant to parking regulations
Signs pursuant to regulations
Major auto or truck repair facilities
Adult bookstore/entertainment
Medical treatment facility
Communication antenna
Publicly owned and operated facilities
Laundromats
Dry cleaning business
Permitted Uses:
Recreation facilities
Kennels
Auto body and painting shop
Lot and Yard Requirements:
(a) Minimum Lot Area Density: Minimum lot 3 times the total building floor space to provide for parking, loading, circulation, and pedestrian walks.
(b) Minimum Setback:
Front and corner (whenever adjacent to a street). A minimum in accordance with Section 23-29 shall apply to corner lots.
Rear and Side When adjacent to Residential District a minimum setback equal to 2 times the height of the proposed building is required. In addition, a solid fence or wall not less than six feet in height is required on the boundary line.
Section 23-23. Heavy Industrial - I-2
Purpose:
To provide areas for full range of industrial uses.
Allowed Uses:
Residence which existed at the time of rezoning which have not been abandoned for more than 6 month
Warehouses
Manufacturing
Distributorships
Truck terminals
Maintenance service garages
Service yards
Repair shop related to highway traffic
Accessory off-street parking and loading pursuant to parking regulations
Major auto or truck repair facilities
Billboards
Adult Entertainment
Adult Book Store
Communication Antenna
Publicly owned and operated facilities
Permitted Uses:
Recreation facilities
Kennels
Junk yard
Auto body and painting shop
Stockyards
Special Permitted Uses:
Sand gravel pit
Sanitary landfill
Sanitary transfer station
Lot and Yard Requirements:
(a) Minimum Lot Area Density: Minimum lot 3 times the total building floor space to provide for parking, loading, circulation, and pedestrian walks.
(b) Minimum Setback:
Front and corner (whenever adjacent to a street). A minimum in accordance with Section 23-29 shall apply to corner lots.
Rear and Side When adjacent to Residential District a minimum setback equal to 2 times the height of the proposed building is required. In addition, a solid fence or wall not less than six feet in height is required on the boundary line.
ARTICLE IV. GENERAL REQUIREMENTS
SECTION 23-24. APPLICABILITY.
The requirements hereinafter set forth in this article shall apply to all districts. In the event the provisions of this article conflict with the provisions of any other article or section of this ordinance, the more restrictive article or section shall control.
SECTION 23-25. PLACEMENT OF ACCESSORY USES AND STRUCTURES.
The placement of a private garage, accessory parking area or other accessory building or use, shall be subject to the following requirements:
(a) No accessory building shall be constructed within five feet (5') of any rear lot line.
(b) Nothing contained herein shall prevent the construction of a private garage as a structural part of a main dwelling, provided that when so constructed, the exterior garage walls shall be regarded as the walls of the main dwelling in applying the front, rear and side yard regulations of this ordinance.
(c) No private garage or other accessory building or parking area shall be within a required front yard, nor within a required side yard, except that in any non-residential district, a parking area may utilize the portion of a side yard not otherwise required for a planting screen.
(d) Any access driveway may be located within a required side yard or required front yard.
(e) Required accessory buildings and uses shall be on the same lot with the main building or buildings or on an immediately adjacent lot in the same ownership, or within the site limits of an approved site plan of development.
(f) Required accessory parking areas and truck loading spaces shall have safe and adequate access to a public street either by a driveway on the same lot or by means of a permanent easement across an adjoining lot.
(g) No required accessory parking area or off-street truck loading space shall be encroached upon by buildings, open storage or any other use.
(h) Accessory private garages may be constructed within or under any portion of a main building, provided that the access driveway does not at any point have a grade in excess of then percent (10%).
SECTION 23-26. HEIGHT RESTRICTIONS.
(a) Tower, Chimneys, etc. Nothing herein contained shall restrict the height of a church spire, cupola, dome, mast, or belfry, flagpole, chimney flue, water tank, elevator or stair bulkhead. No such structure shall:
(1) Have a lot coverage at the base in excess of ten percent (10%) of the lot area.
(2) Be used for residence or tenancy purposes.
(3) Have any advertising sign or device inscribed upon or attached to such structure.
(b) Garage and Accessory Building Height. No private garage in a residential district shall exceed sixteen feet eight inches (16'8") in height. All other accessory buildings in a residential district shall not exceed fifteen feet (15') in height.
(c) Airport Safety Zones. Except for field crops and fences under five feet (5') high, the maximum height of any object, building or structure located within five hundred feet (500') of either side of the centerline of a landing strip or runway and extended to a distance of two (2) miles from the end of landing strip or runway shall be no higher in relation to the mean elevation of the runway than a hundredth (1/100) of the distance of the object, structure or building to the landing strip or runway.
SECTION 23-27. YARD AND FENCE RESTRICTIONS.
(a) Front Yard. The space in a required front yard shall be open and unobstructed except:
(1) For an unroofed balcony or terrace projecting no more than eight feet (8'); or
(2) Steps giving access to a porch or first (1st) floor entry door; or
(c) Fences, hedges, structures, walls of landscaping displays constructed, erected, or placed after the day this revised ordinance is passed shall be allowed only as described herein.
(d) Prior to construction, erection or placement, a fence permit shall be obtained.
(a) The permit fee shall be ten dollars ($10.00)
(b) It shall be the responsibility of the property owner to locate all property lines and corners for the permitting of the construction, erection or placement of all fences
(c) No fence, hedge wall or obstruction shall be placed in the public right-of-way
(d) All front yard fences shall be a maximum of four feet (4') in height
(5) No fence, structure, wall or landscaping displays shall contain any barbed, razor, or similar sharp or pointed wire fence nor be electrically charged, not shall such wire, fence, structure, wall or landscaping display be permitted.
(6) On corner lots, no fence, hedge, structure, wall or landscaping display shall interfere with the unobstructed view of vehicular traffic or pedestrians being more than twenty-four inches (24") above the imaginary geometric plane consisting of the triangular area drawn or extrapolated from the three (3) points established as per the following examples"
(1) Example 1 for a ninety degree (90) corner:
(2) Example 2 for an arced corner:
(b) Back and Side Yards. Every part of a required yard shall be open to the sky unobstructed except for retaining walls and for accessory buildings in a rear yard, and except for the ordinary projections of sills, belt courses and for ornamental features projecting not to exceed six inches (6") and eaves projecting not more than thirty inches (30"); provided, however, open or lattice enclosed fireproof fire escapes or stairways, required by law, projecting into a yard not more than four feet (4'), and the ordinary projections of chimneys and pilasters shall be permitted.
(c) Fences. In R and M districts, fences shall be no higher than six feet (6') above ground and in C and I districts, no higher than ten feet (10') above ground on the highest side. No fence shall be permitted to encroach on a public right of way, such as a street or alley.
SECTION 23-28. THROUGH LOT RESTRICTIONS.
Where a lot extends through from street to street, the applicable front yard regulations shall apply on both street frontages. If one (1) street is other than a local street some common fencing, landscaping or other design treatment may be approved by the zoning board if said treatment is somewhat uniform for the block.
SECTION 23-29. CORNER CLEARANCE RESTRICTIONS.
At all street intersections the maximum height of fences, retaining walls or foliage shall not exceed two feet (2') measured from top of curb. Tree branches shall be trimmed up to eight feet (8'), measured from top of curb, within forty feet (40') of the point of intersection of the two curb lines.
At all intersections of alleys with streets, the maximum height of fences, retaining walls or foliage shall not exceed two feet (2'), measured from top of curb. Tree branches shall be trimmed up to eight feet (8') measured from top of curb within fifteen feet (15') of the point of intersection of the two curb lines.
SECTION 23-30. LIVESTOCK PROHIBITED.
No livestock or poultry shall be kept or maintained on or in any part of any district within the City except as provided in this Code.
SECTION 23-31. GARAGES, FILLING STATIONS AND CAR WASHING FACILITIES.
All public garages and filling stations shall be so arranged and all gasoline pumps shall be so placed, as to permit all services to be rendered entirely within the lot lines. No gasoline or oil pump shall be placed within fifteen feet (15') of any residential district boundary line.
SECTION 23-32. PRIVATE OUTDOOR SWIMMING POOL/DECORATIVE POOL
(a) Permit Required. A private outdoor swimming pool accessory to a residential use, which is designed to contain a water depth of twenty-four inches (24") or more shall not be located, constructed or maintained on any lot or land area, except in conformity with the requirements of these regulations. A permit shall be required to locate, construct or maintain a private outdoor swimming pool.
(b) Location. Such pool shall be located in a rear yard only. Said pool shall be not less than fifteen feet (15') from side and rear lot lines.
(c) Water Service Restrictions. If the water for such pool, hot tub or spa is supplied from a private well, there shall be no cross-connection with any public or community water supply system. If the water for such pool, hot tub or spa is supplied from the public water supply system, the inlet shall be above the overflow level of said pool with sufficient air gap.
(d) Enclosure Required. Such pool shall be enclosed by a fence, or other enclosure, no less than six feet (6') in height, equipped with self-locking gates.
(e) Drainage Requirements. No permit shall be granted for the installation or construction of such swimming pool unless the building inspector has certified that the drainage of such swimming pool is adequate and will not interfere with the public water supply system, with existing sanitary facilities or with the public streets.
(f) Decorative Pools. A decorative pool shall be any body of water greater than two feet in depth with a maximum depth of six feet with is not allowed to be used for swimming or bathing purposes. Decorative pools shall be subject to the conditions below:
(1) Decorative pools shall comply with the Water Service Restrictions and Drainage Requirements contained in Section 23-32(c) and (e) of the City Code.
(2) The yard area containing a decorative pool shall be completely fenced with a containing type fence with a minimum height of 6 feet. Any gates on said fence shall be of a self latching type with latches being a minimum of 60 inches from ground level or shall be padlocked shut. The fence requirements of Section 23-27 of the City Code shall continue to apply.
(3) Decorative pools shall be of a step design to allow easy egress from the pool. The first step shall be not more than 15 inches below the surface of the water and not less than 36 inches wide. All successive steps shall be not more than 24 inches below the preceding step and shall be a minimum of 24 inches wide. In the case of a pool which doesn't exceed
four feet in total depth, the maximum depth of the second step may be 33 inches below the initial step. All steps shall encompass the perimeter of the pool and shall be constructed of material suitable to provide solid footing to allow egress from the pool.
(c) Hot tub/spa: A hot tub/spa shall be any outdoor structure for human use designed to contain heated water in excess of 24 inches deep in an area of not more than 10 feet in diameter. All hot tubs/spas shall be covered when not in use suitable to prevent accidental entry.
SECTION 23-33. OFF-STREET PARKING REQUIREMENTS.
(a) Off-Street Parking Required. Off-street parking spaces for the storage or parking of passenger vehicles shall be provided pursuant to the provisions of this section.
(b) Individual Parking Spaces Required. Parking areas shall be marked off with parking spaces, each with a minimum width of nine feet (9') and a minimum length of twenty feet (20'), exclusive of driveways and turning areas.
(c) Design Standards.
(1) Driveway or curb cuts shall be in accordance with Section s 19-36 through 19-43 as the sam may be amended from time to time.
(2) Parking areas shall be used for automobiles parking only, with no sales, deed storage, repair work, dismantling or servicing of any kind permitted.
(3) If lighting is provided, it shall be arranged to reflect away from the residential area and from any public street or highway.
(d) Specifications and Minimum Space Requirements.
(1) Each off-street parking area shall be:
(i) Provided with vehicular access to a street or alley.
(ii) Surfaced with material which is equivalent to or better than the surfacing material of the abutting street or alley; provided, however, upon a showing of good cause and great financial hardship, the City Council may allow the temporary placement of gravel if such placement will not injure or damage the adjoining street, alley or property of others. Such temporary placement shall only be permitted on a year-to-year basis and the owner shall petition the Council for a continuance of such use no less than two (2) weeks and no more than one (1) month prior to the expiration of the temporary placement approval. Upon complaint by
City employees, neighbors or any other affected person, the Council shall hold a hearing to consider whether or not to allow the temporary placement with or without modification.
(iii) Properly drained; and
(iv) Located on or adjacent to the building property.
(2) When a parking requirement is based on a gross floor area basis, fifteen percent (15%) of such gross floor area shall first (1st) be deducted in order to credit for non-productive portions of buildings.
(3) Off Street Parking Specifications:
(i) Class I - High traffic facilities including, but not limited to theaters, drive-ins, grocery stores, schools, professional offices, office buildings, bowling lanes, banks, hotels, general office buildings, libraries, retail shops, churches and funeral homes shall have the following minimum number of parking spaces:
0 - 5,000 sq. ft. of Gross Floor Area -
1 space per 250 sq. ft.
5,001 - 10,000 sq. ft. of Gross Floor Area -
1 space per 300 sq. ft.
Over 10,000 Sq. ft. of Gross Floor Area -
1 space per 350 sq. ft.
(ii) Class II - Low traffic facilities, including, but not limited to, research labs, industrial complexes, storage facilities, newspapers, part time business, shall have the following minimum number of parking spaces:
0 - 5,000 sq. ft. of Gross Floor Area -
1 space per 350 sq. ft.
5,001 - 10,000 sq. ft. of Gross Floor Area -
1 space per 400 sq. ft.
Over 10,000 sq. ft. of Gross Floor Area -
1 space per 450 sq. ft.
(iii) Class III - Health care facilities, including, but not limited to hospitals, nursing homes and any other facilities required by Wyoming Statute
Section 35-2-102 to be licensed by the State of Wyoming, shall have the following minimum number of parking spaces:
Less than 10,000 sq. ft. - Same requirements as Class I above
Over 10,000 sq. ft. of Gross Floor Area -
1 space per 450 sq. ft.
provided, further, for purposed of Class III structures over 10,000 sq. ft., forty percent (40%) of such gross floor area shall first (1st) be deducted in order to credit for non-productive portions of such building.
(iv) For single and multiple family dwelling units, there shall be provided two (2) spaces per living unit.
(v) (a) Off street employee parking shall be provided for all industrial and manufacturer facility at a rate of one (1) parking space for every two (2) employees.
(4) If a business, owner or developer, finds that it cannot comply with the above requirements, it may submit a fee in lieu of compliance in the amount of Five Hundred Dollars ($500.00) for every space it cannot provide. In no event will payment of the fee be accepted for more than thirty-five percent (35%) of the required spaces. The funds collected will be used by the City to maintain public parking areas.